| Author | Title | Citation | Summary | Year |
| Lupe S. Salinas |
Deportations, Removals and the 1996 Immigration Acts: a Modern Look at the ex Post Facto Clause |
22 Boston University International Law Journal 245 (Fall 2004) |
I. Introduction. 246 II. Concerns Over the Immigration Acts in the American Immigrant Community. 251 III. Congressional Plenary Power in the Area of Immigration and Naturalization. 253 IV. AEDPA and IIRIRA: The 1996 Immigration Acts and the Aggravated Felony . 255 V. The Supreme Court's Deportation Rulings--A Constitutional Enigma?. 260 VI.... |
2004 |
| Quinn H. Vandenberg |
How Can the United States Rectify its Post-9/11 Stance on Noncitizens' Rights? |
18 Notre Dame Journal of Law, Ethics & Public Policy 605 (2004) |
Changes in immigration law following Congress' 1996 legislation and post-September 11, 2001 legislation created an inhospitable and discriminatory environment for noncitizens. Pursuant to Congress' 1996 and post-9/11 legislation, increases in the scope of crime-related deportation grounds and lack of judicial review result in a system where... |
2004 |
| Andrew B. Ayers |
International Law as a Tool of Constitutional Interpretation in the Early Immigration Power Cases |
19 Georgetown Immigration Law Journal 125 (Fall, 2004) |
I. Introduction: The Modern Controversy. 126 R1II. L2Reliance on International Law in the Early Immigration Power Cases. 131 A. The Early Immigration Power Cases. 133 B. Chae Chan Ping. 133 C. Nishimura Ekiu. 138 D. Fong Yue Ting. 139 E. Persuasive Authority. 141 III. International Law as Binding Authority?. 144 IV. International Law and Natural... |
2004 |
| Girardeau A. Spann |
Just Do it |
67-SUM Law and Contemporary Problems 11 (Summer 2004) |
Racial injustice has always been a problem in the United States. The most salient victims of the Nation's discrimination against racial minorities have included indigenous Indians, Chinese immigrants, Japanese-American citizens, Latinos, and of course blacks. But as the current war on terrorism illustrates, under the right conditions, almost any... |
2004 |
| Victor Romero |
Race, Immigration, and the Department of Homeland Security |
19 Saint John's Journal of Legal Commentary 51 (Fall 2004) |
Before I begin, I would like to thank Peter and Maureen for thinking of me and inviting me to participate. This is a rare thing for me because usually when I attend these symposia, I am one of many academics on panels, but today I am the only academic on this morning's panels and so this is a fun and new experience for me. I teach Immigration Law... |
2004 |
| Hon. Paul Brickner , Meghan Hanson |
The American Dreamers: Racial Prejudices and Discrimination as Seen Through the History of American Immigration Law |
26 Thomas Jefferson Law Review 203 (Spring 2004) |
For over two centuries, people from countries throughout the world have sought refuge in the United States. Whether they came to escape political or economic strife in their native countries, all were in search of the so-called American Dream. What originated as a welcoming immigration policy in the earliest days of our nation, however, was met... |
2004 |
| Jean Shin |
The Asian American Closet |
11 Asian Law Journal 1 (May, 2004) |
This article is an examination of the Asian American closet, as an analogy drawn from the gay closet. The gay closet, of course, is a term used to describe the process by which some gays may hide their sexuality from public view, in order to avoid social disapproval or legal sanctions. At first glance, it may seem that application of the closet... |
2004 |
| Paul Brickner |
The Passenger Cases (1849): Justice John Mclean's "Cherished Policy" as the First of Three Phases of American Immigration Law |
10 Southwestern Journal of Law and Trade in the Americas 63 (2003-2004) |
I. Introduction. 64 II. Phase I: The Cherished Policy of Encouraging Foreign Migration. 66 A. Justice John McLean's Cherished Policy and The Passenger Cases. 66 B. Another Voice Supportive of Unrestricted Immigration, J. Prescott Hall, Esq.. 70 C. Chief Justice Roger B. Taney's Dissent: Benefits and Pitfalls of Immigration. 71 D. Justice Daniel... |
2004 |
| Paul L. Frantz |
Undocumented Workers: State Issuance of Driver Licenses Would Create a Constitutional Conundrum |
18 Georgetown Immigration Law Journal 505 (Spring, 2004) |
I. L2-4,T4Introduction 506 II. L2-4,T4Background and Early History of Immigration to the United States 509 III. L2-4,T4Late Twentieth Century and Restrictions on Immigration 515 A. L3-4,T4Attempts to Limit Access of Illegal Immigrants to Public Education: Plyler v. Doe 516. B. L3-4,T4Limitations on Employing Illegal Immigrants: IRCA 519. C.... |
2004 |
| Beth Lyon |
When More "Security" Equals less Workplace Safety: Reconsidering U.s. Laws That Disadvantage Unauthorized Workers |
6 University of Pennsylvania Journal of Labor and Employment Law 571 (Spring 2004) |
In the search for security, the United States is obscuring rights for low-income immigrant workers, and in so doing is sacrificing its own workplace safety. Poverty and unemployment all over the world drive millions of people to the United States in search of jobs, meeting strong employer demand for low-wage labor. As a result, the United States is... |
2004 |